The Foundry Law Blog

What Makes a Good Privacy Notice?

A “Privacy Policy” commonly refers to what is technically a business’ “Privacy Statement” or “Privacy Notice”. The policy is made up of the internal and external protocols, rules, guidelines and steps that a business takes regarding the collection, use, storage and destruction of personally identifying information (PII) and non-personal (aka. “technical”) information. Businesses put a […]

Web Scraping: Pitfalls and Proactive Best Practices

If your business relies on insights from reviews, comments or other aggregated data, chances are that you are tempted to engage in a little (or a lot of) web scraping. Web scraping is essentially conducting automatic data extraction from one website, for use by a different party. It’s sometimes referred to as “web harvesting” or […]

Make it a Policy to Protect Your Business From Privacy Threats

2016 will be remembered as the year that privacy became the buzzword small businesses took notice of. We saw the establishment of the first ever Federal Privacy Council this year, read about numerous data breaches (and maybe even felt the impacts personally), and the US specifically felt the repercussions of the overturning of its data […]

Can you Keep a (Trade) Secret? The Defend Trade Secrets Act of 2016

Before May 11, 2016, only three out of four forms of intellectual property – patents, trademarks and copyrights – were protectable and enforceable at the federal level. The Defend Trade Secrets Act of 2016 (DTSA) now provides federal protection for – you guessed it – trade secrets. Prior to the DTSA, trade secrets were enforced […]

Copyright & Copywrong: What are Derivative and Transformative Works?

Recently, we’ve been asked several times about the nature of a certain work as it relates to copyright infringement.   “Is my work a derivative of theirs? I should be fine, right?” “Sure, I incorporate some of their copyrighted work, but mine is transformative enough, so I’m good, right?”   As with most gray areas, […]

The Falsity of the Frivolity of Fashion Law

“Fashion Law”. It sounds like an oxymoron, doesn’t it? After all, fashion, which typically evokes images of supermodels and Anna Wintour, is more “The Devil Wears Prada” than “Devil’s Advocate”. Long considered too frou-frou for serious lawyers to be concerned with, fashion law has proven to be an emerging practice area in recent years, housed […]

Working Interviews

Working interviews are a good way to see if the interview candidate has the basic necessary skills for a job, especially where a resume description of the skill may not suffice. Typically, the working interview is no more than a day or two, but in the case of a groomer, I think the interview would […]

Too Broad, Too Narrow or Just Right? The Importance of Classifications in Trademark Applications

At first glance, it may seem peculiar that the same trademark office would allow the registration of seemingly very similar trademarks; take “Apple Records” (the Beatles-founded record company) and “Apple Inc.” (the computer company), or the “San Francisco Giants” (they play baseball) and the “New York Giants” (a football team). Each owner of these separate […]